- Introduction
This paper aims to explore and explain different issues associated with human rights. The focus of this paper is on the violations of human rights in China. In this paper, different theories of human rights have been discussed including rational choice theory, strain theory, differential association theory, and others.
- Discussion
- Human Rights: Theoretical Overview
2.1.1. Rational Choice Theory
The rational choice theory has made valuable contributions towards the development of international scholarship. The theory has described different aspects of international law within the framework of rational choice (Murdoch 989). The Rational Choice Theory provides a framework for understanding different economic and social behaviors of people. Rationality can be interpreted as wanting more, which is associated with instrumental rationality. The rational choice theory explains how different interest groups can affect the decisions of political actors to develop progressive legislation. In the context of human rights, the theory can motivate political actors to develop laws, which discourage the violations of human rights (Murdoch 989).
2.1.2. Strain Theory
The Strain Theory provides explanations for the violent behavior of individuals towards others. According to this theory, individuals are likely to be engaged in illegal activities with the hope of dealing with their intolerable level of strain. The theory can also be used to explain the phenomenon of human rights violation. The strain theory described dynamics, which foster violence and victimization (Murdoch 988). The theory says that strain and offenses sustain each other. The offending becomes more progressive because it generates strain. The factors, which cause human rights violation can, therefore, be, understand through the strain theory (Murdoch 989).
2.1.3. Differential Association Theory
The differential association theory can also be used to explain human rights violation. The theory holds that criminality is learned through the patterns of communication. Furthermore, it also explains that criminality is learned when people observe law violations. It suggests that the violence of human rights is increased when people observe others doing the same (Howard-Hassmann 88).
2.1.4. Institutional Anomie Theories
According to institutional anomie theory, the sources of crime are the ways through which the society is organized. There are two aspects of society, which have been focused including cultural goals and values and social structure. According to this theory, the stratification system results in income inequality and social problems. The failure of people to meet the expectations, set by culture, result in creating the condition of anomie. In order to achieve those outcomes, people engage themselves in unfair means. These conditions, therefore, lead towards the violations of basic rights of human (Howard-Hassmann 88). In order to prevent human rights violation in China, it is important to overcome income and social inequalities. The government of China must provide equal opportunities to people from all social classes. The equal opportunities of education and income can prevent people from engaging in unfair means of fulfilling their expectations (Howard-Hassmann 88).
2.1.5. Diversity, Multiculturalism and Pluralism
Multiculturalism is related to the issue of human rights and segregation in societies. It is argued that multiculturalism is the factor, which has resulted in increasing nationalism and racism. It is also believed that multiculturalism has led towards group differences. Pluralism is also a concept, which refers to different values, which exist in a society. Pluralism covers both religious and secular values of the society (Cmiel 135).
Diversity focuses on the differences and inequalities, which exist between different groups. In the society with diverse groups of people, the issue of racism and inequalities are often encountered by different people and groups. In a society where different groups live together, people have to struggle for their rights and recognition (Cmiel 135).
2.1.6. Traditional Theories of Human Rights
Traditional theories of human rights consist of two essential components including an explanatory component and a justificatory component. The explanatory component explains that human rights are moral rights while the justificatory component believes t hat human rights are based on different aspects of humanity. It has been argued by Locke that human rights are possessed by all people. It is also argued by Locke that human rights must be irrespective of the state. The role of state is to protect human rights. The traditional theories of human rights are subjected to several powerful criticisms (Cmiel 134). The contemporary human right theories argue that human rights are actually moral rights, which are possessed by all people. The criticism on the traditional theories of human rights stems from the practice human right theory. According to the theory, the justification for human rights is problematic. According to the proponents of practical theories, human rights are promoted through claims about the ultimate value of human beings (Cmiel 135).
The traditional theories of human rights believe that human rights are actually moral right. It cannot be denied that human rights can be enacted legally. In this way, the basic human rights also become legal rights. The existence of human rights does not depend on law. In fact, on moral grounds, the human rights are irrespective of justification. The benefit of conceiving human rights as moral rights is that this perception imposes moral obligations on actors to protect them. It is important for individuals to remember their obligations with respect to human rights (Chao 99).
2.1.7. Human Rights in China
China has experienced rapid changes in terms of its political, economic, and social structure. The changes have resulted in a serious impact on human right issues. The human right issues cover both domestic and international aspects. These issues are related to each other. The major factors associated with human rights in China emerged from the 1979 reform in China. The factors included aggressive economic development, conservation improvements in political institutions, and others. The growing economic power of China has also generated the criticism of different human right organizations (Howard-Hassmann 88).
One of the most controversial policies of China is its one child policy. The consequences of this action include abortions based on sex selections, infanticides, and others. The traditional society of China prefers boys to girls. Therefore, the policy has resulted in increasing infanticides. In the future, the Chinese society is expected to experience the problem of imbalanced sex-ration. The problem has several ramifications for the society. The other human right issues include sex trafficking, forced marriages, and slavery. Gender discrimination exists in Chinese society in several ways. In the workforce, women and female children are deprived of equal rights (Howard-Hassmann 88).
China has failed to demonstrate commitment towards the free education for children. The issues have been magnified because of an increase in the number of migrant families. The migrant families are entering into China in order to pursue different economic opportunities. The educational registration process in China is very costly. Therefore, the education of children is costly for families. The lack of education is the primary reason due to which children are facing child trafficking. The corruption from the government has worsened the situation. The economic opportunities have increased the pressure on the labor force (Howard-Hassmann 88).
The involvement of government in corruption has abuse human rights in the region. However, it is only a small fraction of the problem, which exists in China. The neglect from the government can be associated with the non-transparency of the system (Murdoch 989).
The penal system of China lacks fair judicial processes. The system is based on the network of forced labor camps. The purpose of those camps is to remove political opposition from the society. The penal system involves the use of both physical and psychiatric abuse and torture. The prisoners are also susceptible to organ harvesting. The political reform of China is conservative. The recent political doctrine of Harmonious Society reflects the political conservatism of the region. The purpose of this doctrine is to balance social justice and economic growth. The social harmony can be used by China in order to curb tension (Keith and Zhiqiu 12).
The issues such as cultural preservation, economic opportunities, freedom of expression, and others are critical for China. It is important to consider international voices, which aim to disseminate information about the violations of human rights in China. The economic and political visibility of China has been increasing in the international environment. Therefore, the human right abuses by China in different regions of Asia and Africa are under scrutiny (Murdoch 989).
- Conclusion
This paper has explored and discussed different concepts related to human rights. According to the arguments presented in this paper, human rights are basic rights, which are granted to every citizen. The legalization of human rights is important in order to make it obligatory for every individual and organization to respect them. The theories, discussed in this paper, have discussed the role of different social and economic factors in promoting crimes in the society. The inequality in terms of economic and social conditions results in human rights violation. Therefore, in order to ensure equal rights for every citizen, it is important to provide equal opportunities to every citizen. China needs to introduce transparency to its human rights system in order to ensure that the rights of citizens are protected.
Works Cited
Murdoch, J. “Human Rights.” Human Rights. Ed. Peter Cane & Mark Tushnet. Vol. 15. Routledge, 2003. 989–1018.
Keith, Ronald C, and Zhiqiu Lin. New Crime in China : Public Order and Human Rights. Routledge, 2006 12
Howard-Hassmann, Rhoda E. “Human Security: Undermining Human Rights?” Human Rights Quarterly 34.1 (2012): pp. 88–112.
Cmiel, Kenneth. “The Recent History of Human Rights.” American Historical Review 109.1 (2004): 117–135.
Chao, Wang. “The Study on Sinicization of Human Rights.” Theory Research 28 (2010): pp. 99–101.